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WALP v. ACTS TESTING LABS, INC./DIVISION OF BUREAU VERITAS

28 A.D.3d 1104 (2006)

817 N.Y.S.2d 458

THOMAS C. WALP et al., Respondents, v. ACTS TESTING LABS, INC./DIVISION OF BUREAU VERITAS, et al., Appellants. ACTS TESTING LABS, INC./DIVISION OF BUREAU VERITAS, Third-Party Respondent, v. NORTHPOINTE ASSOCIATES BUILDING #2, LLC, C/O ZAEPFEL DEVELOPMENT COMPANY, INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 28, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Thomas C. Walp (plaintiff) when he fell from a ladder while repairing an exhaust fan in a newly constructed building leased by defendant and third-party plaintiff, ACTS Testing Labs, Inc./Division of Bureau Veritas (ACTS), from third-party defendant, Northpointe...

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